It is important to remember, when we're talking about discrimination or racial profiling through these two provisions, that they cannot be separated from the definition of terrorist activity set out in section 83.01 of the Criminal Code.
That definition has been sharply criticized by the United Nations Human Rights Committee. The Senate committee, when considering Bill S-3, amended the definition and, in the Khawaja case, the judge stated that he considered the definition to be discriminatory with respect to motives arising from religious, political or ideological reasons.
It is along those lines that these two provisions will be interpreted, in connection with the definition of terrorist activity.